BALLOT LANGUAGE FOR CONSTITUTIONAL AMENDMENT NO. 43

C-43

AN AMENDMENT TO THE CONSTITUTION PROPOSED BY THE LEGISLATURE

AN ACT SUBMITTING TO THE QUALIFIED ELECTORS OF MONTANA AN AMENDMENT TO ARTICLE IV, SECTION 8, ARTICLE VI, SECTIONS 1, 2, 3, 4, 6, AND 7, AND ARTICLE X, SECTION 4, OF THE MONTANA CONSTITUTION TO PROVIDE THAT THE NAME OF THE STATE AUDITOR BE CHANGED TO THE INSURANCE COMMISSIONER.

The 2005 Legislature submitted this proposal for a vote.  It would amend Montana’s Constitution to change the name of the office of state auditor to the insurance commissioner.

[ ]  FOR changing the name of the state auditor to the insurance commissioner.

[ ]  AGAINST changing the name of the state auditor to the insurance commissioner.

THE COMPLETE TEXT OF CONSTITUTIONAL AMENDMENT NO. 43(C-43)

BE ITENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section1.  Article IV, section 8, of The Constitution of the State ofMontana is amended to read:

“Section 8.  Limitation on termsof office. (1) Thesecretary of state or other authorized official shall not certify a candidate’snomination or election to, or print or cause to be printed on any ballot thename of a candidate for, one of the following offices if, at the end of thecurrent term of that office, the candidate will have served in that office orhad he not resigned or been recalled would have served in that office:

(a)  8or more years in any 16-year period as governor, lieutenant governor, secretaryof state, state auditor insurance commissioner, attorney general,or superintendent of public instruction;

(b)  8or more years in any 16-year period as a state representative;

(c)  8or more years in any 16-year period as a state senator;

(d)  6or more years in any 12-year period as a member of the U.S. house ofrepresentatives; and

(e)  12or more years in any 24-year period as a member of the U.S. senate.

(2)  Whencomputing time served for purposes of subsection (1), the provisions ofsubsection (1) do not apply to time served in terms that end during or prior toJanuary 1993.

(3)  Nothingcontained herein shall preclude an otherwise qualified candidate from beingcertified as nominated or elected by virtue of write-in votes cast for saidcandidate.”

Section2.  Article VI, section 1, of The Constitution of the State ofMontana is amended to read:

“Section 1.  Officers.(1)  The executive branch includes a governor, lieutenant governor,secretary of state, attorney general, superintendent of public instruction, andauditor insurance commissioner.

(2)  Eachholds office for a term of four years which begins on the first Monday of Januarynext succeeding election, and until a successor is elected and qualified.

(3)  Eachshall reside at the seat of government, there keep the public records of hisoffice, and perform such other duties as are provided in this constitution andby law.”

Section3.  Article VI, section 2, of The Constitution of the State ofMontana is amended to read:

“Section 2.  Election.(1) The governor, lieutenant governor, secretary of state, attorney general,superintendent of public instruction, and auditor insurance commissionershall be elected by the qualified electors at a general election provided bylaw.

(2)  Eachcandidate for governor shall file jointly with a candidate for lieutenantgovernor in primary elections, or so otherwise comply with nominationprocedures provided by law that the offices of governor and lieutenant governorare voted upon together in primary and general elections.”

Section4.  Article VI, section 3, of The Constitution of the State ofMontana is amended to read:

“Section 3.  Qualifications.(1)  No person shall be eligible to the office of governor,lieutenant governor, secretary of state, attorney general, superintendent ofpublic instruction, or auditor insurance commissionerunless he is 25 years of age or older at the time of his election. In addition,each shall be a citizen of the United States who has resided within the statetwo years next preceding his election.

(2)  Anyperson with the foregoing qualifications is eligible to the office of attorneygeneral if an attorney in good standing admitted to practice law in Montana whohas engaged in the active practice thereof for at least five years beforeelection.

(3)  Thesuperintendent of public instruction shall have such educational qualificationsas are provided by law.”

Section5.  Article VI, section 4, of The Constitution of the State ofMontana is amended to read:

“Section 4.  Duties.(1)  The executive power is vested in the governor who shall see thatthe laws are faithfully executed. He shall have such other duties as areprovided in this constitution and by law.

(2)  Thelieutenant governor shall perform the duties provided by law and thosedelegated to him by the governor. No power specifically vested in the governorby this constitution may be delegated to the lieutenant governor.

(3)  Thesecretary of state shall maintain official records of the executive branch andof the acts of the legislature, as provided by law. He shall keep the greatseal of the state of Montana and perform any other duties provided by law.

(4)  Theattorney general is the legal officer of the state and shall have the dutiesand powers provided by law.

(5)  Thesuperintendent of public instruction and the auditor insurance commissionershall have such duties as are provided by law.”

Section6.  Article VI, section 6, of The Constitution of the State ofMontana is amended to read:

“Section 6.  Vacancyin office. (1)  If the office of lieutenant governor becomesvacant by his succession to the office of governor, or by his death,resignation, or disability as determined by law, the governor shall appoint aqualified person to serve in that office for the remainder of the term. If boththe elected governor and the elected lieutenant governor become unable to servein the office of governor, succession to the respective offices shall be asprovided by law for the period until the next general election. Then, agovernor and lieutenant governor shall be elected to fill the remainder of theoriginal term.

(2)  Ifthe office of secretary of state, attorney general, auditor insurancecommissioner, or superintendent of public instruction becomes vacant bydeath, resignation, or disability as determined by law, the governor shallappoint a qualified person to serve in that office until the next generalelection and until a successor is elected and qualified. The person elected tofill a vacancy shall hold the office until the expiration of the term for whichhis predecessor was elected.”

Section7.  Article VI, section 7, of The Constitution of the State ofMontana is amended to read:

“Section 7.  20departments. All executive and administrative offices, boards, bureaus,commissions, agencies and instrumentalities of the executive branch (except forthe office of governor, lieutenant governor, secretary of state, attorneygeneral, superintendent of public instruction, and auditor insurancecommissioner) and their respective functions, powers, and duties, shallbe allocated by law among not more than 20 principal departments so as toprovide an orderly arrangement in the administrative organization of stategovernment. Temporary commissions may be established by law and need not beallocated within a department.”

Section8.  Article X, section 4, of The Constitution of the State ofMontana is amended to read:

“Section 4.  Boardof land commissioners. The governor, superintendent of public instruction, auditorinsurance commissioner, secretary of state, and attorney generalconstitute the board of land commissioners. It has the authority to direct,control, lease, exchange, and sell school lands and lands which have been ormay be granted for the support and benefit of the various state educationalinstitutions, under such regulations and restrictions as may be provided bylaw.”

Section9.  Submission to electorate. This amendment shall be submittedto the qualified electors of Montana at the general election to be held inNovember 2006 by printing on the ballot the full title of this act and thefollowing:

[ ]   FOR changing the name of the state auditor to the insurance commissioner.

[ ]  AGAINST changing the name of the state auditor to the insurancecommissioner.

Montana Secretary of State – Corey Stapleton
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